Martin v. McNut et al

Filing 57

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 10/11/11 recommending that plaintiff's motion for preliminary injunction be denied. MOTION for PRELIMINARY INJUNCTION 47 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN DALE MARTIN,

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Plaintiff,

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No. CIV S-08-1578-WBS-CMK-P

vs.

FINDINGS AND RECOMMENDATIONS

McNUT, et al.,

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Defendants.

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/

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Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant

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to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for preliminary injunction

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(Doc. 47).

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It is unclear exactly what plaintiff is requesting. It appears he is requesting an

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order from the court related to receiving proper medical care from the medical personnel at his

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current institution, Correctional Training Facility. The individual medical providers identified in

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his motion, however, are not defendants in this action. This court is unable to issue an order

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against individuals who are not parties to a suit pending before it. See Zenith Radio Corp. v.

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Hazeltine Research, Inc., 395 U.S. 100, 112 (1969). The request must, therefore, be denied.

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Based on the foregoing, the undersigned recommends that plaintiff’s motion for
preliminary injunction be denied.

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These findings and recommendations are submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days

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after being served with these findings and recommendations, any party may file written

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objections with the court. Responses to objections shall be filed within 14 days after service of

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objections. Failure to file objections within the specified time may waive the right to appeal.

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See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: October 11, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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